1. Short title
This Act may be cited as the “Legitimate Use of Medicinal Marijuana Act” or the “LUMMA”.
Legitimate Use of Medicinal Marijuana Act
A BILL
To provide for the legitimate use of medicinal marijuana in accordance with the laws of the various States.
2. Scheduling of marijuana; prescriptions
Schedule— Marijuana is moved from schedule I of the Controlled Substances Act to schedule II of such Act.
Prescription—
In general— In a State in which marijuana may be prescribed by a physician for medical use under applicable State law, no provision of the Controlled Substances Act (21 U.S.C. 801 et seq.) or of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) shall prohibit or otherwise restrict—
the prescription of marijuana by a physician for medical use;
an individual who is an authorized patient from obtaining, possessing, transporting within the individual’s State, or using marijuana for that individual’s medical use;
an individual authorized under State law to obtain, possess, transport within their State, or manufacture marijuana, from obtaining, possessing, transporting within that State, or manufacturing marijuana pursuant to that authorization; or
a pharmacy or other entity authorized under State law to distribute medical marijuana to an authorized patient, from obtaining or possessing marijuana for that purpose, or from distributing marijuana to an authorized patient for medical use.
Production— No provision of the Controlled Substances Act (21 U.S.C. 801 et seq.) or of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) shall prohibit or otherwise restrict an entity authorized by a State, in which marijuana may be prescribed by a physician for medical use, for the purpose of producing marijuana for prescription by a physician for medical use, from producing, processing, or distributing marijuana for such purpose.
3. Definitions
In this Act—
the term “authorized patient” means an individual using marijuana in accordance with a prescription of marijuana by a physician for medical use;
the term “physician” means a practitioner of medicine, who—
graduated from a college of medicine or osteopathy; and
is licensed by the appropriate State board;
the term “prescription” means an instruction written by a medical physician in accordance with applicable State law that authorizes a patient to be issued with a medicine or treatment; and
the term “State” includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.
4. Relation of Act to certain prohibitions relating to smoking
This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public.